----------- Kevin Hughes, Appellant v. The State of Texas, Appellee (2010)

MEMORANDUM OPINION

Appellant, Kevin Hughes, pleaded guilty, without an agreed recommendation as to punishment with the State, to the offense of burglary of a habitation.¹  After a presentence investigation hearing, the trial court sentenced appellant to confinement for 10 years.

Counsel represents that he has served a copy of the brief on appellant.   Counsel also advised appellant of his right to examine the appellate record and file a pro se brief.   See Stafford v. State, 813 S.W.2d 503, 510 (Tex.Crim.App.1991).   More than 30 days have passed, and appellant has not filed a pro se brief.   Having reviewed the record and counsel's brief, we agree that the appeal is frivolous and without merit and that there is no reversible error.   See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex.Crim.App.2005).

We affirm the judgment of the trial court and grant counsel's motion to withdraw.²  Attorney Wilford A. Anderson must immediately send the notice required by Texas Rule of Appellate Procedure 6.5(c) and file a copy of that notice with the Clerk of this Court.

We deny as moot any pending motions.

FOOTNOTES

FN1. The trial court's certification dated June 3, 2009 states:  I, judge of the trial court, certify this criminal case:  is not a plea bargain-case, and the defendant has the right of appeal.”   Appellant's notice of appeal is dated June 3, 2009.   The trial court sentenced appellant on June 3, 2009 and signed the judgment on June 3, 2009.   The trial court's June 3, 2009 certification of right of appeal is supported by the record..  FN1. The trial court's certification dated June 3, 2009 states:  I, judge of the trial court, certify this criminal case:  is not a plea bargain-case, and the defendant has the right of appeal.”   Appellant's notice of appeal is dated June 3, 2009.   The trial court sentenced appellant on June 3, 2009 and signed the judgment on June 3, 2009.   The trial court's June 3, 2009 certification of right of appeal is supported by the record.

FN2. Appointed counsel still has a duty to inform appellant of the result of this appeal and that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals.   See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex.Crim.App.2005)..  FN2. Appointed counsel still has a duty to inform appellant of the result of this appeal and that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals.   See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex.Crim.App.2005).

PER CURIAM